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NII Holdings Inc.
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Order | Filed: March 27, 2018 | Entered: March 27, 2018 In Re NII Holdings, Inc. Securities Litigation
Securities/Commodities | Virginia Eastern
Order on Motion for Miscellaneous Relief
ORDERED, that all capitalized terms not otherwise defined herein shall have the same meanings as set forth in the Stipulation and the Schachter Declaration submitted herewith; and it is further ORDERED, that the administrative determinations of A.B. Data accepting the Claims asdescribed in the Schachter Declaration and listed on Exhibits D and E thereto, calculated pursuant to the Court-approved Plan of Allocation set forth in the Notice, are hereby approved, and said Claims are hereby accepted; and it is further ORDERED, that the administrative determinations of A.B. Data rejecting the Claims as described in the Schachter Declaration and listed on Exhibit F thereto are hereby approved, and said Claims are hereby rejected; and it is further ORDERED, that A.B. Data be paid the sum of $29,857.00 from the Net Settlement Fund as payment for the fees and expenses to be incurred by A.B. Data in connection with the Initial Distribution of the Net Settlement Fund; and it is further ORDERED, that A.B. Data conduct the Initial Distribution of the Net Settlement Fund as set forth in paragraph 39 of the Schachter Declaration. Specifically, the Net Settlement Fund shall be distributed to the Authorized Claimants listed on Exhibits D and E to the SchachterDeclaration pursuant to the Court-approved Plan of Allocation in proportion to each Authorized Claimant's Recognized Claim as compared to the total Recognized Claims of all Authorized Claimants as shown on such Exhibits; and it is further ORDERED, that all checks to Authorized Claimants in the initial Distribution shall bear the notation "DEPOSIT PROMPTLY; VOID AND SUBJECT TO REDISTRIBUTION IF NOT NEGOTIATED WITHIN 120 DAYS AFTER ISSUE DATE." Class Counsel and A.B. Data are authorized to take appropriate actions to locate and/or contact any Authorized Claimant who has not cashed his, her or its check within said time; and it is further ORDERED, that Authorized Claimants who do not cash their checks within the time allotted will irrevocably forfeit all recovery from the Settlement Fund; and it is further ORDERED, that, after making reasonable and diligent efforts to have Authorized Claimants negotiate their initial Distribution checks, A.B. Data shall, if feasible and economical,conduct a second distribution of any balance remaining in the Net Settlement Fund after at least six (6) months from the date of the Initial Distribution (i.e., the Second Distribution), after payment of Notice and Administration Expenses (including the estimated costs of such Second Distribution), Taxes, and any escrow fees, among Authorized Claimants who have cashed theirInitial Distribution checks and who would receive at least $10.00 from such Second Distribution; and it is further ORDERED, that A.B. Data may make additional redistributions of balances remaining in the Net Settlement Fund to Authorized Claimants who have cashed their prior checks and who would receive at least $10.00 on such additional redistributions in six-month intervals if Class Counsel, in consultation with A.B. Data, determine that additional redistributions, after deducting A.B. Data's unpaid Notice and Administration Expenses (including the estimated costs of such further distribution), and after the payment of Taxes and any escrow fees, would be cost-effective; and it is further ORDERED, that, at such time as Class Counsel, in consultation with A.B. Data, determine that further redistribution of the funds remaining in the Net Settlement Fund is not cost-effective, any otherwise valid Claims received after November 30, 2017, or Claims adjusted after November 30, 2017, may be paid in accordance with paragraph 39(e) of the SchachterDeclaration; and it is further ORDERED, that any balance remaining in the Net Settlement Fund after redistributions or payment of any otherwise valid Claims received after November 30, 2017, or Claims adjusted after November 30, 2017, in accordance with paragraph 39(e) of the Schachter Declaration and after payment of any unpaid Notice and Administration Expenses, Taxes, and any escrow fees, shall be contributed equally among the following three organizations: (i) National Women's Law Center (earmarked specifically for the retirement project); (ii) Consumer Federation of America; and (iii) Counsel of Institutional Investors; and it is further ORDERED, that the Court finds that the administration of the Settlement and the proposed distribution of the Net Settlement Fund comply with the terms of the Stipulation and the Plan of Allocation and that all persons involved in the review, verification, calculation, tabulation, or any other aspect of the processing of the Claims submitted in connection with the Settlement of this Action, or who are otherwise involved in the administration or taxation of the Settlement Fund or the Net Settlement Fund are released and discharged from any and all claimsarising out of such involvement, and, pursuant to the release terms of the Settlement, al... 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Response | Filed: March 23, 2018 | Entered: March 23, 2018 In Re NII Holdings, Inc. Securities Litigation
Securities/Commodities | Virginia Eastern
Memorandum in Support
Memorandum in Support re 269 MOTION Class Representatives' Unopposed Motion for Authorization to Distribute Net Settlement Funds filed by Danica Pension, Livsforsikringsaktieselskab, Industriens Pensionsforsikring A/S, Jacksonville Police and Fire Pension Fund, The Local 58/NECA Funds, The Pension Trust Fund for Operating Engineers Pension Plan. (Attachments: # 1 Affidavit Declaration of Eric Schachter on Behalf of A.B. Data, Ltd., in support of Class Representatives' Unopposed Motion for Authorization to Distribute Net Settlement Funds, # 2 Exhibit A - G to the Declaration of Eric Schachter)(Podolsky, Susan)
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Motion | Filed: March 23, 2018 | Entered: March 23, 2018 In Re NII Holdings, Inc. Securities Litigation
Securities/Commodities | Virginia Eastern
Miscellaneous Relief (MOTION)
MOTION Class Representatives' Unopposed Motion for Authorization to Distribute Net Settlement Funds by Danica Pension, Livsforsikringsaktieselskab, Industriens Pensionsforsikring A/S, Jacksonville Police and Fire Pension Fund, The Local 58/NECA Funds, The Pension Trust Fund for Operating Engineers Pension Plan. (Attachments: # 1 Proposed Order)(Podolsky, Susan)
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